Regulation - LGIC
Proposed Amendment to O.REG.329/04 under the Personal Health Information Protection Act, 2004
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act, 2004
Summary of Decision:
Amendments to Ontario Regulation O. Reg. 329/04 under the Personal Health Information Protection Act, 2004 (PHIPA) were approved for the purpose of designating the Local Health Integration Networks (LHINs) as health information custodians under PHIPA.
PHIPA imposes the highest standard of privacy protection for personal health information. Designating LHINs as health information custodians under PHIPA ensures that LHINs are accountable for complying with the privacy rules under PHIPA whenever they deal with personal health information in respect of an individual.
The regulations were filed and came into effect on April 19, 2017.
The ministry posted the proposed amendment to O.Reg. 329/04 under the PHIPA on the Regulatory Registry website and in the Ontario Gazette. The ministry proceeded with consultations on the proposed regulatory amendments with the Office of the Information and Privacy Commissioner of Ontario and other key affected stakeholders. Based on feedback and analysis, the ministry decided to update the proposed amendment. The updated regulation clarified that the government's intent is to prescribe each LHIN as a health information custodian and a single health information custodian with respect to all of its functions. These updates were posted to the Regulatory Registry and in the Ontario Gazette.
PHIPA imposes the highest standard of privacy protection for personal health information. Designating LHINs as health information custodians under PHIPA ensures that LHINs are accountable for complying with the privacy rules under PHIPA whenever they deal with personal health information in respect of an individual.
The regulations were filed and came into effect on April 19, 2017.
The ministry posted the proposed amendment to O.Reg. 329/04 under the PHIPA on the Regulatory Registry website and in the Ontario Gazette. The ministry proceeded with consultations on the proposed regulatory amendments with the Office of the Information and Privacy Commissioner of Ontario and other key affected stakeholders. Based on feedback and analysis, the ministry decided to update the proposed amendment. The updated regulation clarified that the government's intent is to prescribe each LHIN as a health information custodian and a single health information custodian with respect to all of its functions. These updates were posted to the Regulatory Registry and in the Ontario Gazette.
Further Information:
Appendix – Draft Amendment to O.REG. 329/04 under PHIPA
Proposal Number:
17-HLTC002
Posting Date:
January 30, 2017
Summary of Proposal:
Notice of Update to Original Posting:
On January 30, 2017, the Ministry of Health and Long-Term Care (Ministry) posted a notice of a proposed amendment to O. Reg. 329/04 under the Personal Health Information Protection Act, 2004 (PHIPA). Based on preliminary feedback and analysis, the Ministry has decided to update the proposed draft amendment and post the update to the Regulatory Registry. Please see the updated appendix attached.
The intent and description of the proposed regulatory amendment remains the same and would prescribe each LHIN as a health information custodian and a single health information custodian with respect to all of its functions. This clarification would allow the LHINs to continue to carry out the health care functions that CCACs currently do and ensure that the LHINs are subject to the highest standard of privacy protection under PHIPA when they are handling personal health information.
Consistent with current CCAC privacy authorities, the proposed regulatory amendment would allow a LHIN to rely on assumed implied consent to collect, use or disclose personal health information for providing or assisting in providing health care to individuals, unless it is aware that consent has been withheld or withdrawn for this purpose.
The 60-day consultation period remains open until March 30, 2017 and the ministry welcomes written comments. All comments and submissions received during the comment period will be considered during final preparation of the regulation. The content, structure and form of the proposed regulation is subject to change as a result of the comment process in the discretion of the Lieutenant Governor in Council, who has the final decision on the contents of any regulation.
On December 7, 2016, Ontario passed Bill 41, the Patients First Act, 2016 to help patients and their families obtain better access to a more local and integrated health care system, improving the patient experience and delivering higher-quality care. The Act received Royal Assent on December 8, 2016.
Ontario's 14 Local Health Integration Networks (LHINs) are responsible for planning and funding of hospitals, long-term care homes, community services and mental health and addiction services. Under the Patients First Act, 2016 the LHINs are newly responsible for home and community care (currently the function of Ontario's 14 Community Care Access Centres (CCACs)) and primary care planning to ensure that patients receive better coordinated care, and that the health system is more integrated and responsive to local needs. The functions, employees, and assets of CCACs will be transferred to the LHINs to enable the LHINs to take on this expanded mandate.
Upon transfer, all services currently provided, coordinated or contracted by the CCACs will become the responsibility of the LHINs. To support continuity of patient care and enable the LHINs to provide or assist in providing health care to individuals as the CCACs currently do, the proposed regulatory amendment would designate the LHINs as health information custodians under the Personal Health Information Protection Act, 2004 (PHIPA).
PHIPA imposes the highest standard of privacy protection for personal health information (PHI). Designating LHINs as health information custodians under PHIPA would ensure that LHINs are accountable for complying with the privacy rules under PHIPA whenever they deal with PHI in respect of an individual.
On January 30, 2017, the Ministry of Health and Long-Term Care (Ministry) posted a notice of a proposed amendment to O. Reg. 329/04 under the Personal Health Information Protection Act, 2004 (PHIPA). Based on preliminary feedback and analysis, the Ministry has decided to update the proposed draft amendment and post the update to the Regulatory Registry. Please see the updated appendix attached.
The intent and description of the proposed regulatory amendment remains the same and would prescribe each LHIN as a health information custodian and a single health information custodian with respect to all of its functions. This clarification would allow the LHINs to continue to carry out the health care functions that CCACs currently do and ensure that the LHINs are subject to the highest standard of privacy protection under PHIPA when they are handling personal health information.
Consistent with current CCAC privacy authorities, the proposed regulatory amendment would allow a LHIN to rely on assumed implied consent to collect, use or disclose personal health information for providing or assisting in providing health care to individuals, unless it is aware that consent has been withheld or withdrawn for this purpose.
The 60-day consultation period remains open until March 30, 2017 and the ministry welcomes written comments. All comments and submissions received during the comment period will be considered during final preparation of the regulation. The content, structure and form of the proposed regulation is subject to change as a result of the comment process in the discretion of the Lieutenant Governor in Council, who has the final decision on the contents of any regulation.
On December 7, 2016, Ontario passed Bill 41, the Patients First Act, 2016 to help patients and their families obtain better access to a more local and integrated health care system, improving the patient experience and delivering higher-quality care. The Act received Royal Assent on December 8, 2016.
Ontario's 14 Local Health Integration Networks (LHINs) are responsible for planning and funding of hospitals, long-term care homes, community services and mental health and addiction services. Under the Patients First Act, 2016 the LHINs are newly responsible for home and community care (currently the function of Ontario's 14 Community Care Access Centres (CCACs)) and primary care planning to ensure that patients receive better coordinated care, and that the health system is more integrated and responsive to local needs. The functions, employees, and assets of CCACs will be transferred to the LHINs to enable the LHINs to take on this expanded mandate.
Upon transfer, all services currently provided, coordinated or contracted by the CCACs will become the responsibility of the LHINs. To support continuity of patient care and enable the LHINs to provide or assist in providing health care to individuals as the CCACs currently do, the proposed regulatory amendment would designate the LHINs as health information custodians under the Personal Health Information Protection Act, 2004 (PHIPA).
PHIPA imposes the highest standard of privacy protection for personal health information (PHI). Designating LHINs as health information custodians under PHIPA would ensure that LHINs are accountable for complying with the privacy rules under PHIPA whenever they deal with PHI in respect of an individual.
Contact Address:
80 Grosvenor Street, 5th Floor, Hepburn
Effective Date:
April 19, 2017
Decision:
Approved